T.Gurusamy v. The District Collector,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.07.2025
CORAM:
THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE W.P(MD).No.8553 of 2019 and W.M.P(MD)Nos.6673 to 6675 of 2019 T.Gurusamy ... Petitioner -vs1. The District Collector, District Collectors Office, Madurai.
2. The Tahsildar, Office of the Taluk Office, Usilampatti, Madurai District.
3. Chellakannu
4. Lachham
5. Vellathai
6. Poonga 1/4
7. Karunganni
8. Kuruvan
9. Pandi
10. Duraipandi
11. Dharmar
12. Chandra
13. Chinthamani ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, for issuance of a Writ of Certiorarified Mandamus to call for the records issued by the first respondent in Na.Ka.No.85729/2000 J4 dated 15.09.2000 and also consequential proceedings dated 19.04.2001 issued by the 2nd respondent in Na.Ka.No.A3/2695/2000 and quash the same as illegal and unconstitutional and consequently direct the respondents 1 and 2 to cancel the patta granted in favour of respondents 3 to 13 herein and remove the encroachments in Manthai Poramboke land in S.No.178/2 and 174/4 situated at Poosaripatti, Karumathur Village, Usilampatti Taluk, Madurai District.
For Petitioner : M/s.S.Vijaya Shanthi For R1 and R2 : Mr.P.Thilak Kumar Government Pleader For R4, R5, R9 R11, R12 & R13 : Mr.S.Ramu For R6 & R8 : No Appearance 2/4
ORDER
(Order of the Court was made by S.M.SUBRAMANIAM, J.) With reference to the relief sought for in the present writ petition for cancellation of Patta, the petitioner has to approach the jurisdictional Revenue Divisional Officer (RDO) under Rule 14 of the Tamil Nadu Patta Pass Book Rules. As far as the classification of lands are concerned, if a Collector has already taken a decision, an appeal would lie before the Commissioner of Land Administration. However, all these issues are to be adjudicated on merits by the competent Appellate Authority which would be a greater assistance of the High Court to exercise all powers of judicial review. Therefore, the writ petitioner is at liberty to exhaust the statutory remedy.
2. With the above observations, the writ petition stands disposed of. No costs. Consequently, connected miscellaneous petitions are closed. (S.M.S., J.) (A.D.M.C., J.) 01.07.2025 NCC :yes/No Index :yes/No Internet:yes/No rgm 3/4
S.M.SUBRAMANIAM, J.
and A.D.MARIA CLETE, J.
rgm To
1. The District Collector, District Collectors Office, Madurai.
2. The Tahsildar, Office of the Taluk Office, Usilampatti, Madurai District.
W.P(MD).No.8553 of 2019 and W.M.P(MD)Nos.6673 to 6675 of 2019 01.07.2025 4/4